Florida Chamber president: Push back against lawsuit abuse

Published: Saturday, February 23, 2013 at 1:00 a.m.

Last Modified: Friday, February 22, 2013 at 6:37 p.m.

When it comes to building a more diverse and competitive state economy, Gov. Rick Scott and many in the Florida Legislature deserve credit for moving our state in the right direction:

Facts

Florida is one of the worst states in the country for lawsuits. Job
creators know this and the reality is our current legal climate is an
obstacle to growing our economy and creating jobs.

Florida's public schools have gone from the bottom 10 in America to the top 10. Our state has eliminated over 2,300 burdensome and antiquated regulations. And, because elected leaders avoided new taxes and fees over the past two years, we have a surplus which gives flexibility to Florida that other states don't have.

But as state policymakers work to make Florida more competitive, one key issue is hurting consumers, small businesses and communities. That is the pressing need for lawsuit abuse reforms.

Sadly, Florida is one of the worst states in the country for lawsuits. Florida's 41st ranking in a national survey leaves us in the bottom 10 in legal climate. Job creators know this and the reality is our current legal climate is an obstacle to growing our economy and creating jobs. Florida shouldn't be in the bottom 10 of anything.

National studies also show that Florida families and businesses are paying a lawsuit abuse tax that totals a staggering $2.8 billion. Florida could grow its economy by as much as 2 percent simply by saying no to the powerful trial lawyers and by eliminating this tax by making our laws more fair and predictable.

Only one group likes the status quo -- the plaintiff trial lawyers, who reap huge paydays in the current system.

With Florida's annual legislative session set to begin on March 5, the Florida Chamber of Commerce -- representing small business owners, job creators and their employees -- has launched the Coalition for Legal Reform. We are advocating four principal reforms:

• Florida should eliminate junk science in our state courts. Every other Southeastern state has done so, but the trial lawyers association doesn't want it. It's time to update our 90-year-old standard for deciding whether expert witnesses are qualified to testify at trial and adopt the standard used in all federal courts and throughout the Southeast.

• Florida should adopt new "Accuracy in Damages" provisions that will allow juries a clearer picture of true medical costs when deciding current and future medical damage awards in injury cases. Again, the plaintiff trial lawyers object to accuracy in damages.

• Florida should pass a "Fair Settlement Act" that forces insurance companies and trial lawyers to play by the same clear set of rules in injury cases. This will eliminate legal gaming over settlements by trial lawyers that ultimately raise costs for consumers and small businesses. You guessed it; many plaintiff trial lawyers don't want clear rules.

• Florida should further strengthen its medical liability laws to ensure a fair balance in which injured patients are protected, while at the same time medical professionals are spared from predatory lawsuits that lead to higher health-care costs for everyone. The trial lawyers association is consistent in its opposition; it doesn't want this protection for our health-care system either.

To be absolutely clear, the Coalition for Legal Reform is in no way suggesting that businesses should not be on the hook for wrongdoing. In fact, if a business does something wrong, it should be on the hook for the damage it has caused. We are simply advocating a fair legal system where businesses and plaintiff trial lawyers have a clear set of rules and are forced to play by those rules. When lawyers win at the expense of taxpayers and consumers, it's time to act. Again, Florida shouldn't be 41st worst in anything and now is the time to correct this injustice.

We are encouraging Gov. Scott and the Legislature to say yes to consumers and small business and say no to the major trial lawyers who win from an unfair system. It's time to embrace these four common-sense legal reforms. Taken together, they will go a long way toward ending Florida's reputation as a haven for unfair lawsuits, eliminating the lawsuit abuse tax on families and small businesses, and enhancing Florida's competitiveness in the global economy.

Mark Wilson is the president and CEO of the Florida Chamber of Commerce.

<p>When it comes to building a more diverse and competitive state economy, Gov. Rick Scott and many in the Florida Legislature deserve credit for moving our state in the right direction:</p><div class="art_item art_item_inset art_item_facts">
<h3>Facts</h3>
<h4>Florida is one of the worst states in the country for lawsuits. Job
creators know this and the reality is our current legal climate is an
obstacle to growing our economy and creating jobs.</h4>
<p></p>
</div>
<p>Florida's public schools have gone from the bottom 10 in America to the top 10. Our state has eliminated over 2,300 burdensome and antiquated regulations. And, because elected leaders avoided new taxes and fees over the past two years, we have a surplus which gives flexibility to Florida that other states don't have.</p><p>But as state policymakers work to make Florida more competitive, one key issue is hurting consumers, small businesses and communities. That is the pressing need for lawsuit abuse reforms.</p><p>Sadly, Florida is one of the worst states in the country for lawsuits. Florida's 41st ranking in a national survey leaves us in the bottom 10 in legal climate. Job creators know this and the reality is our current legal climate is an obstacle to growing our economy and creating jobs. Florida shouldn't be in the bottom 10 of anything.</p><p>National studies also show that Florida families and businesses are paying a lawsuit abuse tax that totals a staggering $2.8 billion. Florida could grow its economy by as much as 2 percent simply by saying no to the powerful trial lawyers and by eliminating this tax by making our laws more fair and predictable.</p><p>Only one group likes the status quo -- the plaintiff trial lawyers, who reap huge paydays in the current system.</p><p>With Florida's annual legislative session set to begin on March 5, the Florida Chamber of Commerce -- representing small business owners, job creators and their employees -- has launched the Coalition for Legal Reform. We are advocating four principal reforms:</p><p>• Florida should eliminate junk science in our state courts. Every other Southeastern state has done so, but the trial lawyers association doesn't want it. It's time to update our 90-year-old standard for deciding whether expert witnesses are qualified to testify at trial and adopt the standard used in all federal courts and throughout the Southeast.</p><p>• Florida should adopt new "Accuracy in Damages" provisions that will allow juries a clearer picture of true medical costs when deciding current and future medical damage awards in injury cases. Again, the plaintiff trial lawyers object to accuracy in damages.</p><p>• Florida should pass a "Fair Settlement Act" that forces insurance companies and trial lawyers to play by the same clear set of rules in injury cases. This will eliminate legal gaming over settlements by trial lawyers that ultimately raise costs for consumers and small businesses. You guessed it; many plaintiff trial lawyers don't want clear rules.</p><p>• Florida should further strengthen its medical liability laws to ensure a fair balance in which injured patients are protected, while at the same time medical professionals are spared from predatory lawsuits that lead to higher health-care costs for everyone. The trial lawyers association is consistent in its opposition; it doesn't want this protection for our health-care system either.</p><p>To be absolutely clear, the Coalition for Legal Reform is in no way suggesting that businesses should not be on the hook for wrongdoing. In fact, if a business does something wrong, it should be on the hook for the damage it has caused. We are simply advocating a fair legal system where businesses and plaintiff trial lawyers have a clear set of rules and are forced to play by those rules. When lawyers win at the expense of taxpayers and consumers, it's time to act. Again, Florida shouldn't be 41st worst in anything and now is the time to correct this injustice.</p><p>We are encouraging Gov. Scott and the Legislature to say yes to consumers and small business and say no to the major trial lawyers who win from an unfair system. It's time to embrace these four common-sense legal reforms. Taken together, they will go a long way toward ending Florida's reputation as a haven for unfair lawsuits, eliminating the lawsuit abuse tax on families and small businesses, and enhancing Florida's competitiveness in the global economy.</p><p>Mark Wilson is the president and CEO of the Florida Chamber of Commerce.</p><p>Web: www.flchamber.com</p><p><empty></p>